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HomeMy WebLinkAboutCedar Springs Professional Center MCU-05-002 I~E C F~ I "\l_E.l'.-/ CITY OF MERIDIAN CITY OF MER! IAN FINDINGS OF FACT, CONCLUSIONS OF LA W(À~J!) CLERK 0, ~ICF DECISION & ORDER In the Matter of In the Matter of a Request for a Modification of a Conditional Use (MCU) in order to modify CUP-03-067 to allow the operation of a 2,200 square foot convenience store and remove the previously proposed coffee kiosk at Cedar Springs Professional Center, by Robert Montgomery. Case No(s). MCU-05-002 For the Planning and Zoning Commission Hearing Date of: October 6, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the Planning and Zoning Commission public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record abutting the external boundaries of the property. The notice of public hearing before the Planning and Zoning Commission was posted upon the property under consideration more than one week before said hearing. The matter was duly considered by the Planning and Zoning Commission at the October 6, 2005, public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony), 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Meridian City Code § § 11-9-4 as evidenced by the Affidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. ill addition to the application and property facts noted in the staff report for the subject application, it is hereby verified that the property owners of record at the time of issuance of these [IDdings is the Montgomery Revocable Family Trust. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit A for the findings required for this application. B. Conclusions of Law 1. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the hnpact Area and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCV.OS.GOl . PAGE 1 of3 the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 2. The conditions shall be reviewable by the Planning and Zoning Commission pursuant to Meridian City Code § 11.9-4. 3. Due consideration has been given to the comment(s) received ITom the govemmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 5. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 6. That this approval is subject to the Legal Description in Exhibit A, the Site Plan, dated August 2005, as shown in Exhibit A and the Conditions of Approval in Exhibit A. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning and Zoning Commission's authority as provided in Meridian City Code § 11-9-4 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CuP Site Plan is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty~eight (28) days after the final decision conceming the matter at issue, A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a [mal action ofthe goveming body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by this decision may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Exhibits E. Exhibit A: Staff Report CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU-OS.GO2. PAGE 2 of3 By action of the Planning and Zoning Commission at its regular meeting held on the 2{)th day of GCWb(.""- , 2005. COMMISSION MEMBER DAIVD ZAREMBA VOTED ~ VOTED * COMMISSION MEMBER KEITH BORUP COMMISSION MEMBER DAVID MOE VOTED~ . COMMISSION MEMBER WENDY NEWTON-HUCKABAY VOTED ~ COMMISSION MEMBER MICHAEL ROHM VOTED l~, ler1é:;. .' /? ;.2 ~ 1'.. " .D' ~/ tò - r 151: . ~.:;.'> "" -,." .n't- " 1- Cburø '\,V , ' "" ", "III "l, I'" Copy served upon Applicant, The Plariliing,aoo'zotimg Department, Public Works Department and City Attorney. By: 8f¡ tV) In;;;'/.<. ~ City Clerk Dated: II-' ({P-tJš CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MCU.O5.002. PAGE 3 of3